A COUNCILLOR who admitted to being a benefit cheat can remain in his position.

Clr Tony Brice was this week sentenced for three charges relating to his claim for housing benefit and council tax benefit.

The Lindley councillor, 67, admitted three counts of making false representation to claim benefits after he lost his seat in the 2010 election.

He was re-elected in May 2011 and the court was told that his position as a councillor would be unaffected if the sentence was under three months.

As Clr Brice was sentenced to 120 hours of unpaid work, a curfew on Friday, Saturday and Sundays from 10pm until 8am for two months, and told to pay costs of £1,908, he can continue his work as a councillor.

He is currently sitting as an Independent, even though he was elected as a Conservative councillor.

The Tory group have withdrawn the party whip from Clr Brice.

He is elected until May 2015 and can claim his full councillor’s allowance of £12,566 a year.

Adrian Lythgo, chief executive of Kirklees Council, said: “If a complaint is received then that will be referred to the standards process in the usual way.

“The sentence is a matter for the courts, but it is not of a sufficient level that will require Clr Brice to stand down by law.

“His future as a councillor is therefore a personal matter for him.”

The councillor, of Belmont Close, in Highfields, received £2,977.32 in housing benefit and council tax benefits, which he has now repaid.

His solicitor Bill Rawstron said they were considering an appeal against the sentence imposed by Calderdale magistrates.